BANKRUPTCY RULE 9017-1

EXHIBITS

 

(A)    Marking Exhibits

Parties must complete the physical marking and numbering of all papers and objects that may be introduced as exhibits prior to proceedings before the court. Counsel shall mark a copy, rather than an original document, unless there is good cause for offering an original record. Original documents offered shall be noted accordingly. Upon request, a party shall make the original version of the exhibits available for inspection by other parties.

Exhibits are to be marked with an exhibit sticker using the following protocol:

(1)           Trustee is assigned numbers 1-99. Exhibits shall be marked: Trustee-1 or T-1, Trustee-2 or T-2, etc.

(2)           Debtor is assigned numbers 101-199. Exhibits shall be marked: Debtor-101 or D-101, Debtor-102 or D-102, etc.

(3)           Creditors shall begin with number 201. If there is more than one creditor involved in a hearing or trial, one creditor shall be assigned 201-299, the next creditor shall be assigned 301-399, etc. Creditors shall use an acronym or word that easily identifies the litigant. Ex: USA-201 or IRS-201, Bank-301 or US Bank-301, Smith-401, ABC Co-501.

(4)           United States Trustee's exhibits shall be marked alphabetically. Exhibits shall be marked: UST-A, UST-B, etc.

If exhibits exceed 99 for one or more parties, the parties shall agree on a division of numbers or letters, and the exhibit labels shall clearly identify the party who is offering the exhibit.

If a party intends to offer more than 15 exhibits, the copies of the exhibits delivered to the court shall be tabbed and bound or filed in binders.

(B)    Custody and Return of Exhibits

Except as noted below, the clerk of court shall retain custody of exhibits offered in evidence, unless the court orders otherwise. Original exhibits shall be returned to the party who produced them 30 days after the disposition of the matter, trial or mandate following an appeal. Exhibits that are copies will be destroyed 30 days after the disposition of the matter, trial or mandate following an appeal. Parties who receive returned original exhibits must execute a receipt prepared by the clerk of court. Exhibits offered at a hearing or trial will not be included in the electronic case file absent court order.

Exhibits of unusual bulk or weight shall remain in the custody of the party producing them. Parties who retain custody of exhibits of unusual bulk or weight must permit their inspection by any party upon reasonable request and bear responsibility for their safekeeping for the duration of the proceedings before the court and subsequent proceedings and shall transport the exhibits to the appellate court or panel, if necessary.

(C)    Reservation of the Power to Rule

Nothing contained within this rule shall prevent the court from a specific ruling it might deem advisable with respect to any exhibit. A party's request regarding custody and handling of exhibits will be addressed prior to the trial or hearing.